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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: One (of 5 siblings) live in their parents house in NJ for past decade. Both parents die, who gets the house? No will.

A woman is one of five children. She lived with her elderly mother and stepfather for the last 10 years. Her stepfather dies. The house and all assets go to his wife. Then his wife dies. The woman who has lived in the house for the last ten years has paid bills, remodeled and paid taxes on her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

When a person dies without a will, the property the decedent owned is distributed through a process called probate to the decedent's heirs according to the states laws of intestate succession. If the decedent had surviving children but no surviving spouse, which sounds like the case here, the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... Read more »

Paul J. Riviere
Paul J. Riviere answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: new homeowner, should i get a realtor to execute a lease or execute on my own for tenant? Help

first time homeowner in essex county

Peter A. Michael
Peter A. Michael answered on Dec 17, 2019

I would not get a realtor to help you draft a good lease for your new rental property. It is in my opinion that you consult with a qualified attorney whom has experience with Landlord-Tenant issues, so they may draft you a lease that is good for your needs! Best of luck!

1 Answer | Asked in Family Law, Real Estate Law and Animal / Dog Law for New Jersey on
Q: My ex and I bought a dog. We broke up. What our my odds of getting the dog? She wants to share the dog I do not.

The dog is on my credit card and I'm the main name on the vet and doggy day care record. I have credit card records showing all of the food and toys I have purchased for him. Also have all of the vet bills and 6 out of 8 are on my credit card. The last 4 months (post breakup) I have made a note of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 25, 2019

Do you seriously believe a Court will want to get involved in this matter? I can understand that a dog is almost like a child, but a Judge may not be so tolerant. Perhaps you could give you ex a different dog to try to work this out?

1 Answer | Asked in Family Law, Intellectual Property, Real Estate Law and Estate Planning for New Jersey on
Q: What will I need to do to claim my fathers property in Luquillo, Puerto Rico?

I brought my father to living in New Jersey 3 years ago because of his declining health. My father never put the property under my name because he was always to ill to go back to PR. My father is now in a nursing home and we don't know what to do about the property. We don't want to lose the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

You need to contact an attorney who is licensed there.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How long do I have to wait as the landlord to file eviction papers when they stop paying rent in NJ?
Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

You do not have to wait. The state of New Jersey does not require legal notice or an allotted time period of waiting prior to filing a summons and complaint with the NJ Courts for Non-Payment of rent. My firm offers a free in office consultation for your case. Feel free to contact me at anytime!

1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: My step-father owns the house. My mom married him and her name is also on the deed to the house. She died first

and now my step-father passed away. On his will he has his son being the one to get the house. Am I entitled to my mom's half of the house

Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

It depends on EXACTLY how the house was titled when your mother passed. It might have all gone to your step-father and then to his son pursuant to his will, but there are a myriad other possibilities. Show the deed and the two death certificates to a local real estate attorney or a local probate... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: A married person passed away without a will and has surviving adult children. Does the surviving husband inherit all?

The couple bought a house in NJ while married and have adult children on their own before they were married.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 12, 2019

The answer really depends on the assets such as if it was only a house, maybe? I suggest setting up a consultation with a lawyer if you need to know your rights.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can an owner occupied home new lease renewal not have grace period payment or is this for elderly disabled in nj
Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

There is no requirement for a grace period, unless the tenant is a senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Does this law apply to all renters or only seniors? 2A:42-6.1. Grace period for payment of rent
Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

That clause only applies to senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: my landlord locked me out of my house and took my stuff without any of the action notice just told me to be out in one

Call the pennsauken police they told me I had no leg to stand on because we had no lease now I have no belongings and I'm homeless

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

If you were a tenant, the landlord may not lock you out and may not dispose of your belongings. Go see a local attorney ASAP. If you can't afford one, call Camden County Legal Services.

Disclaimer: The provided information is for informational purposes only. This should not be construed...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for New Jersey on
Q: Home contractor installed sump pumps stopped working after 4 months and he stopped responding to calls/emails/texts

We had a contractor help install sump pumps to divert rain water to the sidewalk to prevent potential house flooding a few months ago. In the contract, he mentioned the sump pump would be covered with a 10 year warranty. When the sump pumps stopped working a few months after the install, we reached... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

Hire an attorney to find the contractor, and then you can bring suit. Under the NJ Consumer Fraud law, you are likely entitled to treble damages and attorney fees.

Good luck.

Disclaimer: The provided information is for informational purposes only. This should not be construed as...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My tenant broke the lease, but the condo association won't let me re-rent the apartment. What are my landlord rights?

My condo association rules stipulate that landlords are not allowed to re-rent the apartment until the end of the lease. Under NJ law, I believe I have to make a reasonable effort to rent out the apartment, but my condo association restricts this. What can I do? I'd like to avoid going after the... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

It would seem to me that once the tenant broke the lease, that effectively terminated it. However, without seeing the actual lease and condo rules, I can only provide my best guess.

Disclaimer: The provided information is for informational purposes only. This should not be construed as...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a landlord sue me for past due rent if I moved out 2 years ago?

I signed a lease to rent a home with my mother approx. 5 years ago. The lease was up after one year and we did not renew. We stayed in the home paying rent on a month to month basis. I moved out 2 years ago. Recently my mother fell behind on the rent and the landlord issued a summons against the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Aug 21, 2019

Yes the landlord can sue you, but if that happens, then you can (depending on your overall financial situation) file for bankruptcy.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: in new jersey can someone give another person their share of a estate
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 8, 2019

More information would be needed to properly answer your question but in general once the person dies the person who would get their share of an estate can renounce it or even transfer to someone else

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Does My Wife (cuz we’re legally married but we’re separated) needs to sign In order to refinance?

I bought a house in NJ (in 2018) and I’ trying to refinance, I’m married (not in the USA) but in a process to get divorced, the house is not the principal matrimonial residence and she is not in the title, because NJ is a Dower State, Does she needs to sign any paper because a dower interest?

Leonard R. Boyer
Leonard R. Boyer answered on Jul 30, 2019

Unless both parties sign and cooperate, there will be no refinance. However, NJ is an equitable distribution state, not a dower state. The concept of dower is totally irrelevant to NJ law. You need to retain an experienced matrimonial attorney who also practices real estate law to represent you in... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My house was foreclosed on a tax lien The people who paid my taxes unknowingly to me did a fraudulent transfer.

They are trying to evict me and I still own the house. Who can help me I need a public defender

D. Mathew Blackburn
D. Mathew Blackburn answered on Jul 16, 2019

Public defenders are not available for civil or administrative matters. You'll need to retain counsel to advise you on your rights and responsibilities.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother in law is debt about $100,000 She owns 2 homes outright and believes that the debt dies with her Is she right?

She lives on the rental money from a condo and lives in the other home. We have been trying to have her put the houses in her daughters name but she wont because she uses the tax breaks from owning the homes.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Maybe not. Depending on the kind of debt, if the creditors want to enforce their rights they can sue your mother's estate (i.e., the houses and ay other assets she owns) after she passes. Consult a collections lawyer.

1 Answer | Asked in Real Estate Law and Banking for New Jersey on
Q: When two co-borrowers own a home in NJ if one person wants to sell and the other doesn't, can a sale be forced?

The remaining mortgage amount is an amount one co-borrower can pay independent of the other co-borrower. (In fact, one co-borrower has always made 100% of the mortgage payments.) One co-borrower is not planning to move; the other had moved away from the home years ago. Both co-borrowers pay real... Read more »

Vincent Gallo
Vincent Gallo answered on May 24, 2019

Under normal circumstances, one person can force the sale of real estate by means of an action in partition.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: If mother and daughter own house together. If mother passes does the sibling have rights to that home

Mother and daughter on deed. Mother passed away does other sibling have rights to mothers home. Or it solely goes to daughter

Vincent Gallo
Vincent Gallo answered on May 9, 2019

A thorough examination of the deed will disclose the answer.

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